WSR 02-05-069



(Economic Services Administration)

[ Filed February 15, 2002, 4:00 p.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 388-400-0030 How do I qualify for refugee cash assistance? WAC 388-400-0030 is a summary of eligibility requirements for refugee cash assistance and located in the program summaries chapter.

     Purpose: The Division of Employment and Assistance Programs, Office of Refugee and Immigration Assistance (ORIA), is proposing rules to comply with federal law in order to continue to meet federal refugee funding requirements and to make WAC 388-400-0030 consistent with adopted earlier WAC 388-466-0120 and 388-466-0140.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, C.F.R. Title 45 § 400.65, § 400.66, § 400.67, § 400.68, § 400.69.

     Summary: ORIA believes that the rule will be consistent with adopted earlier rules, will be easier to understand and will result in better customer service.

     Reasons Supporting Proposal: Efficiency, customer service.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olga Walker, ORIA Program Manager, P.O. Box 45420, Olympia, WA 98504-5420, (360) 413-4285.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is necessary because of federal law, C.F.R. Title 45 § 400.65, § 400.66, § 400.67, § 400.68, § 400.69.

     Explanation of Rule, its Purpose, and Anticipated Effects: The rule change has been proposed in order to make WAC 388-400-0030 consistent with proposed earlier rules and change in federal law. ORIA believes that new rules will be more efficient and easier to understand and will result in better customer service.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.

     RCW 34.05.328 does not apply to this rule adoption. This filing is exempt under RCW 34.05.328 (5)(b)(vii).

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on March 26, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by March 22, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail

     Submit Written Comments to: Identify WAC Number, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail, by 5:00 p.m., March 26, 2002.

     Date of Intended Adoption: No earlier than March 27, 2002.

February 14, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 01-06-031, filed 3/2/01, effective 4/1/01)

WAC 388-400-0030   ((How do I qualify for)) Refugee cash assistance((?)) -- Summary of eligibility requirements.   (1) To be eligible for refugee cash assistance (RCA), you must:

     (a) Provide the name of the voluntary agency (VOLAG) which resettled you; ((and))

     (b) Meet the((:

     (i))) immigration status requirements of WAC 388-466-0005;

     (((ii) Work)) (c) Meet employment and training requirements of WAC ((388-466-0015)) 388-466-0150;

     (((iii))) and

     (d) Meet income and resource requirements ((under chapters 388-450 and 388-470 WAC with exceptions as provided under WAC 388-466-0010)) of WAC 388-466-0140.

     (2) You are not eligible to receive RCA if you:

     (a) Are eligible for temporary assistance for needy families (TANF) or Supplemental Security Income;

     (b) Have been denied TANF or have been terminated from TANF due to intentional noncompliance with TANF eligibility requirements; or

     (c) Are a full-time student in an institution of higher education.

     (3) ((If you are a refugee family and have children who are United States citizens, we treat you as a single assistance unit under chapter 388-408 WAC.

     (4))) We determine your eligibility and benefit level for RCA using the TANF payment standards under WAC 388-478-0020.

     (((5))) (4) If you are eligible for RCA ((and are pregnant or have a dependent child)) you may also be eligible for additional requirements for emergent needs under WAC 388-436-0002.

     (((6))) (5) If you meet the requirements of this section you are eligible for refugee cash assistance only during the eight-month period beginning((:

     (a) The date asylum is granted if you are an asylee; or

     (b))) in the first month you entered the United States ((if you are not an asylee)) (WAC 388-466-0120).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 01-06-031, § 388-400-0030, filed 3/2/01, effective 4/1/01; 98-16-044, § 388-400-0030, filed 7/31/98, effective 9/1/98.]

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